DUAL COMPENSATION

Background

Recently, it was brought to our attention that a representative from a non-Federal
entity (a private business) attempted to solicit participation of several ARS
scientists to provide citations for a web site. Participation required that
scientists provide the representative with a vitae and a bibliography of six
sources on their subject matter specialties. The information would then be
published in a commercial web site, and the scientists were advised that they
would receive royalties in return. Such action would effectively make the scientist
an employee of the non-Federal entity. The representative of the non-Federal
entity was advised that our agency employees were prohibited from participating and
asked to refrain from further solicitation within our agencies. Unfortunately, this
representative is back and active within USDA.

Possible Ethics Violations

5
CFR 2635.702 - Use of Public Office for Private Gain, specifically
(c) - Endorsements - An employee shall not use or permit the use of his
Government position or title or any authority associated with his public
office to endorse any product, service or enterprise . . .

5
CFR 2635.807 - Teaching, speaking and writing - Employees may engage
in paid outside writing, speaking and teaching if the topic of this outside
activity is not an ongoing program.

18
U.S.C. Sec. 209 - Supplementing one's salary - Employees cannot receive
outside payment that augments their Government salary for doing that
for which the Government already pays them.

Determination

This matter was previously submitted to Mr. John Surina, (retired – former Director of the USDA Office of Ethics), and much discussion was conducted between him and the representative of the non-Federal entity. Because the non-Federal representative wants employee participation
based on knowledge as a result of Government employment, the connection of
their public office creates a problem with the Standards of Ethical Conduct
described above.

Warning

If you are asked to participate in a situation similar to the one described
above, please refuse to do so, and bring to the attention of your ethics advisor
as soon as possible. Participation in such a situation may be hazardous to
your ethics health. Be wary of other such opportunities as they
arise (and they will, especially over the internet) and always contact your
ethics advisor before agreeing to participate. We will continue to encourage
participation in legitimate discourse through established, legal, and non-profit
or Government organizations.